S-15-058

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GROWTH AND RESOURCE MANAGEMENT DEPARTMENT
PLANNING AND DEVELOPMENT SERVICES DIVISION
CURRENT PLANNING ACTIVITY
123 W. Indiana Avenue, Room 202, DeLand, FL 32720
(386) 736-5959
PUBLIC HEARING:
September 8, 2015 - Planning and Land Development
Regulation Commission (PLDRC)
CASE NO:
S-15-058
SUBJECT:
Special exception for temporary campsites on Rural Mobile
Home (MH-3) zoned property.
LOCATION:
2594 Palm Drive, Port Orange
APPLICANT:
Eddie Colosimo
OWNER:
Eddie Colosimo
STAFF:
William Gardner, Project Activity Manager
I. SUMMARY OF REQUEST
The applicant is requesting a renewal of the special exception for temporary campsites in
connection with racing events at the Daytona International Speedway for an additional
seven (7) years, beginning Biketoberfest 2015 through the close of Biketoberfest 2021.
The previous special exception (S-09-002) was granted for five years on February 19,
2009, allowing a maximum of 50 temporary campsites. This previous approval expired at
the close of the Biketoberfest 2013 event.
Specifically, the applicant requests a:
Special exception for temporary campsites for three days before, during and three days
after any regularly scheduled racing event at the Daytona Beach International Speedway
for Speedweeks, Biketoberfest, the Pepsi (Coke Zero) 400, and Bike Week events on
Rural Mobile Home (MH-3) zoned property.
Staff Recommendation: Forward to county council for final action with a recommendation
of approval subject to the staff recommended conditions.
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II.
SITE INFORMATION
1. Location:
2.
3.
4.
5.
6.
7.
8.
9.
This property is located on the west side of Palm Drive
approximately 600 ft. south from its intersection with
Swann Drive in the Tomoka Farms Local Plan.
Parcel Number:
6222-01-00-2460
Property Size:
±6.3 acres
Council District:
3
Zoning:
MH-3
Future Land Use:
Rural
ECO Map:
Yes
NRMA Overlay:
No
Adjacent Zoning and Land Use:
DIRECTION
North:
ZONING
MH-3
FUTURE LAND US
R
East:
MH-3
R
South:
RPUD
AR
CURRENT USE
Single-Family Dwelling & Vacant
Land
Single-Family Dwelling & Mobile
Home Dwelling
Single-Family Dwellings
West
FR
FR & C
Grazing & Conservation Lands
10. Location Maps
ZONING MAP
AERIAL MAP
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III.
BACKGROUND AND PREVIOUS ACTIONS
The subject property is situated within the Tomoka Farms Road Local Plan, approximately
one mile west of Tomoka Farms Road. It is a 6.3-acre parcel located in the southwest
corner of the Tomoka Farms Subdivision. The surrounding neighborhood is developed
with single family standard and mobile home dwellings on 1-1/4 to ± 5-acre size parcels.
The Whispering Creek Residential Planned Unit Development containing 1 and 5-acre size
single-family lots is located 150 feet south of the subject site.
With this application, the applicant requests an approval period of seven (7) years from
2015 through 2021. Per the zoning code, the request is for temporary campsites for three
days before, during and three days after any regularly scheduled racing event at the
Daytona Beach International Speedway for Speedweeks, Biketoberfest, the Pepsi (Coke
Zero) 400, and Bike Week events, on condition that security, portable toilets, garbage
disposal and potable water facilities sufficient to accommodate all occupants and other
relevant conditions are provided.
The PLDRC last reviewed this item under case S-09-002, which allowed temporary
camping for five years from 2009 to 2013.
Site Plan – The applicant’s special exception site plan depicts:
• A single entrance/exit gravel driveway off Palm Drive
• Primitive camping sites within the north, south and westerly areas of the open
property
• Four (4) portable toilets, two (2) hot water showers, waste barrel and a campfire
pit. Actual number of facilities will be determined by the health department.
The applicant has been operating a temporary campsite with a special exception approval
on this property since 2005.
IV.
REVIEW CRITERIA AND ANALYSIS
Section 72-293 Special Exceptions of the Zoning Ordinance has no specific provisions for
this request. However, the permitted special exception use is required to address certain
items, such as on-site utilities, security, and waste disposal. These items and others have
evolved over the years into a list of standard conditions for the temporary campsite use that
each applicant must comply has been incorporated into the staff recommendation.
SPECIAL EXCEPTION CRITERIA - Per section 72-415(8) reasons for denial, the commission
may recommend denial and county council may deny any special exception application for
one or more of the following reasons:
a. It is inconsistent with the purpose or intent of this ordinance.
This temporary campground is in for a five-year renewal and it has not been found to be
inconsistent with the intent or purpose of the Zoning Ordinance. This is because the
campground has not been deemed a hazard to the general public or surrounding property
owners.
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b. It is inconsistent with any element of the Comprehensive Plan.
The Comprehensive Plan does not have any policies that specifically relate to this type of
zoning request. Therefore, this renewal would not violate any element of the
Comprehensive Plan.
c. It will adversely affect the public interest.
The operation of this temporary campsite for seasonal, motorcycle-related events does not
appear to adversely affect the public interest. This is because the campsite is for primitive
low-impact camping situated in a relatively isolated area. The camping is only scheduled
for three days before, during, and three days after the qualifying special events.
d. It does not meet the expressed requirements of the applicable special exception.
The owner has met the requirements for the special exception over the years and has
provided assurance in the written Description of the Special Exception to meet the
requirements upon approval of this renewal.
e. The applicant will not be able to meet all requirements imposed by federal, state,
or local governments, or by the county council.
There has been no evidence or notices of complaints over the past five years that the
applicant has not or will not meet all federal, state or local requirements for the operation of
this temporary campsite.
f. Notwithstanding the provisions of article XIV of the land development code
[appendix A], it will generate undue traffic congestion.
The Traffic Engineering office has issued a memo stating that the 130 potential additional
daily trips generated by this temporary campsite will not cause level-of-service problems for
thoroughfares near this development. There should not be undue traffic congestion based
on this roadway analysis.
g. It will create a hazard or a public nuisance, or be dangerous to individuals or to
the public.
The Sheriff’s Office was contacted and has expressed no support for the temporary
campsite. The submitted reasons include excessive noise, excessive traffic in a residential
area, problematic for patrol to monitor and enforce and safety concerns.
h. It will materially alter the character of surrounding neighborhoods or adversely
affect the value of surrounding land, structures, or buildings.
Since the property is only utilized for temporary tent camping during special events within
the County, the special exception use has not and is not foreseen to alter the character of
the surrounding neighborhood. This is because the camping is self-contained and the site
is located in an area with conservation lands to the west and large lot development to the
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north and east. Also, there is a large buffer zone between the site and the planned unit
development located further to the south.
i. It will adversely affect the natural environment, natural resources or scenic
beauty, or cause excessive pollution.
Since the facilities (portable toilets, portable showers, hand wash sinks and potable
(drinking) water supply must be approved by the County Health Department and given
that the camping is low-impact and occurs on a periodic basis, staff is not aware of
anything that would show that this use would adversely affect the natural environment
or cause excessive pollution.
V.
STAFF RECOMMENDATION
Staff recommends approval of this application for a Special Exception for temporary
campsites for three (3) days before, during, and three (3) days after any regularly
scheduled racing event at the Daytona International Speedway for Speedweeks,
Biketoberfest, the Pepsi (Coke Zero) 400, and Bike Week events on Rural Mobile Home
(MH-3) zoned property, subject to the following condition(s):
1. The temporary campsites shall be limited only to the areas shown on the site plan
attached hereto. The temporary campsites shall only be open for operation three
days before, during, and three days after the Daytona International Speedway for
Speedweeks, Biketoberfest, the Pepsi (Coke Zero) 400, and Bike Week events for a
period of seven (7) years (2015-2021).
2. The maximum number of campsites that may be allowed on the site shall not exceed
50. The size of the individual campsites, number of portable toilets, potable water
and shower facilities shall be in accordance with the Volusia County Health
Department requirements. The campsite layout shall comply with the submittal
special exception site plan.
3. The applicant shall submit copies of the detailed site plan, drawn to scale along with
provisions that address these conditions of approval, directly to the Volusia County
Health Department, Fire Services, Sheriff's Office, and the Building and Zoning
Division for review and approval before using the subject property for temporary
camping use. The applicant shall coordinate with these departments on an individual
basis. A site plan with all signed contracts for portable toilets and garbage pick/clean
up times(s) shall also be submitted to the Building and Zoning Division 30 days prior
to all Speedweeks, Biketoberfest, the Pepsi (Coke Zero) 400, and Bike Week events.
4. The property owner must obtain final approval from the Growth and Resource
Management Department before opening of the campsite for any regularly scheduled
racing event. The property owner is responsible for and must collect all appropriate
tourist development tax and sales tax, as required by county ordinance and State
Statute.
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5. The Volusia County Sheriff's Office, Finance, Fire Services, and Building and Zoning
Divisions, and the Volusia County Health Department and State Department of
Revenue, and the Department of Business and Professional Regulation (DBPR) shall
have unlimited and unconditional access to the subject property including common
areas within the temporary campsite on a 24 hour a day basis without having to give
prior notice and without having to pay any type of fee or dues to gain entrance for
inspection or enforcement purposes.
6. The applicant shall provide fire protection services for the temporary campsite in
accordance with the requirements of the Assistant Chief of Fire Safety Management,
including, but not limited to: stabilized access drives for emergency vehicles and
apparatus to all areas and sites; and provisions for fire suppression by providing fire
extinguishers, Type 2A-40BC.
7. All recreational vehicle units with self-contained holding tanks for wastewater shall
secure all sewer waste line caps at all times in a manner to preclude any leakage.
Posted signs throughout the campground shall state that no direct discharge of any
wastewater from any recreational vehicle will be permitted. Pumping facility shall be
brought on site every three days to remove sewage from the self-containing holding
tanks.
8. Portable toilets and hand wash sinks shall be required at a central location at the
campsite. An approved service contract for pumping of the portable toilets shall be
provided to the Volusia County Health Department and the Building and Zoning
Division 15 days prior to the opening of the campsites for all events scheduled for
2015 through 2021.
9. The temporary campsite shall comply with the minimum requirements for potable
(drinking) water supply as required by Chapter 64E, Florida Administrative Code and
applicable provisions of the Florida Building Code. Provisions for potable water are
subject to review and approval by the Volusia County Health Department and a copy
of any approvals shall be submitted to the Building and Zoning Division.
10. Vendors or itinerant merchants shall be prohibited from operating on the subject
property. In addition, no special event(s) or contest(s) shall take place at the
campsite.
11. The applicant shall provide adequate traffic control as determined by the Sheriff’s
Department, including, but not limited to, an off-duty uniformed officer(s)
(police/sheriff/highway patrol) stationed during the weekends, special events and
peak traffic hours along Palm Drive in front of the entrance/exit. The uniformed
officer(s) are for traffic control only and the applicant shall be required to pay any cost
associated with these officer(s). In the event the temporary campsite becomes full,
the applicant shall temporarily close the parking area to entering vehicles.
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12. The applicant shall provide his own security for the campsite. Further, the officer(s)
providing traffic control will not be providing security for the campsites. The applicant
shall inform the Building and Zoning Division and Special Services of the Sheriff's
Office of the person(s) in charge of security with his/her telephone number(s) and
addresses 30 days prior to all Speedweeks, Biketoberfest, the Pepsi (Coke Zero)
400, and Bike Week events scheduled for 2015 through 2021.
13. The applicant shall provide an adequate number of solid waste containers placed in
strategic locations on the site. These containers shall be emptied and cleaned on an
as-needed basis. The area shall be completely clear of litter and other refuse after
each day of operation. To ensure compliance, the applicant shall provide the
Building and Zoning Division with a written contract with a local solid waste
management company 30 days prior to opening the camp site facility. The contract
shall require a provision for garbage to be collect and removed from the site every
other day.
14. Violation of any of these conditions may result in automatic revocation of the Public
Hearing approved permit by the Zoning Enforcement Official. Upon revocation, the
temporary campsite shall not be resumed without another Special Exception.
VI.
ATTACHMENTS
•
•
•
•
Written Explanation
Survey and campsite site plan
Reviewer comments
Maps
VII. AUTHORITY AND PROCEDURE
Pursuant to Section 72-415, the County Council shall hold a public hearing after due public
notice on all recommendations from the commission. It may accept, reject, modify, return,
or seek additional information on those recommendations. No approval of a special
exception application shall be made unless, upon motion, four members of the county
council concur. The county council will thereafter forward its decision to the applicant.
Any new information to be presented at the planning and land development regulation
commission for any application will be grounds to continue an application to the next
planning and land development regulation commission. Applicants shall inform and
provide staff with the new information prior to the planning and land development
regulation commission.
Any new information to be presented at the county council meeting that was not previously
presented to the planning and land development regulation commission for any application
will be grounds to return an application to the planning and land development regulation
commission for further review. Applicants shall inform and provide staff with the new
information prior to the council meeting.
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SPECIAL EXCEPTION
SITE PLAN
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SPECIAL EXCEPTION
SITE PLAN
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Inter-Office
Memorandum
TO:
William Gardner, Activity Manager DATE: August 5, 2015
FROM:
Danielle Dangleman, Environmental Specialist III
SUBJECT: Planning & Land Development Regulation Commission meeting for
Date:
September 8, 2015
Parcel #:
6222-01-00-2460
Case #:
S-15-058; Edward and Susan Colisimo Owners
Environmental Permitting (EP) has reviewed the special exception application
and conducted a site visit. The majority of this property a pasture type habitat
with a wetland in the northwest portion of the parcel. This wetland system
has a 25-foot buffer.
EP has no objection to this request. However, the applicant needs to be
aware that no alterations may occur in the wetland and/or wetland buffer
without the appropriate issued wetland alteration permit. The provided plan
set shows a porta-potty near the wetland. Please make sure this is not in the
wetland or buffer.
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STAFF REVIEW COMMENTS
PLDRC Hearing Date: September 8, 2015
Colosimo
S-15-058
Sheriff’s Office
Major Chico Mandizha, Volusia County Sheriff’s Office
Comments:
We are not in favor of this temporary campsite for a number of reasons • Excessive noise
• Excessive traffic in residential area
• Problematic for patrol to monitor and enforce
• Safety concerns
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BLV
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REQUEST AREA LOCATION
REQUEST AREA
1 " = 1 MILE
SAMSULA DR
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NEW SMYRNA BEACH
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SPECIAL EXCEPTION
I
CASE NUMBER
S-15-058
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WESTWIND DR
TOM CIR
OLD SAMSULA RD
KARL DR
GUAVA DR
ORANGE DR
TRIBBLE DR
WALLACE DR
PALM DR
TAYLOR RD
SWAN DR
R UCE CREEK C I R
W
AVA CIR
SP
ECO/NRMA
REQUEST AREA
1 inch = 1,000 feet
ECO
NRMA
SPECIAL EXCEPTION
INCORPORATED
I
CASE NUMBER
S-15-058
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PALM DR
SWAN DR
AERIAL 2012
1 inch = 400 feet
SPECIAL EXCEPTION
I
CASE NUMBER
S-15-058
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MH-3
MH-4
PALM DR
SWAN DR
FR
RPUD
ZONING CLASSIFICATION
FORESTRY RESOURCE
MOBILE HOME
SPECIAL EXCEPTION
REQUEST AREA
CASE NUMBER
S-15-058
1 inch = 400 feet
RESIDENTIAL
I
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PALM DR
SWAN DR
FUTURE LAND USE DESIGNATION
AGRICULTURE RESOURCE
CONSERVATION
1 inch = 400 feet
FORESTRY RESOURCE
RURAL
REQUEST AREA
SPECIAL EXCEPTION
CASE NUMBER
I S-15-058